BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 592
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|Author: |Mark Stone |
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|Version: |June 18, 2015 |Hearing |June 23, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sara Rogers |
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Subject: Juveniles: proof of dependency or wardship
SUMMARY
This bill permits the California Department of Social Services
(CDSS) to provide to a person who was formerly placed in foster
care, upon request, proof of his or her placement in foster
care, as specified.
ABSTRACT
Existing law:
1)Provides that any child who has suffered, or is at risk of
suffering, serious physical or emotional harm, as defined,
shall be within the jurisdiction of the juvenile court which
may adjudge that person to be a dependent child of the court,
as specified. (WIC 300)
2)Permits a court to terminate its dependency, delinquency, or
transition jurisdiction over a nonminor dependent between the
time the nonminor reaches the age of majority and 21 years of
age. (WIC 303)
3)At any termination hearing, requires a county welfare
department to submit a report that verifies that the following
information has been provided to the nonminor (WIC 391):
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Written information about the nonminor's dependency
case, including family history, Indian heritage,
available family photographs, except as specified,
whereabouts of siblings under the jurisdiction of the
juvenile court, except as specified, and information
about how to access their case file.
Essential personal documents including the social
security card, a certified copy of the birth certificate,
the health and education summary, as specified, driver's
license or identification card, any applicable death
certificates for the nonminor's parents, proof of
citizenship, an advance health care directive, forms used
to resume dependency, and a written 90-day transition
plan.
A letter containing information about the nonminor
including name and date of birth, and the dates during
which the nonminor was a foster youth.
Referrals to transitional housing, assistance in
obtaining employment or other financial support,
assistance in applying to college or to a vocational
education program, assistance in maintaining
relationships with individuals who are important to the
nonminor, assistance in accessing the Independent Living
Aftercare Program, and other information.
This bill:
1)Permits CDSS to provide a former dependent or ward who was in
foster care, upon request by that person, the proof of
dependency of wardship document that was provided to the youth
in the dependency or wardship termination hearing report, or
any information necessary to provide verification that the
person was formerly a dependent or ward and placed in foster
care.
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FISCAL IMPACT
According to an Assembly Appropriations analysis, this bill is
estimated to have minor, likely absorbable costs to CDSS,
depending on the number of requests received.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, former foster youth must meet strict
application deadlines when applying for benefits or programs,
many of which require county verification of the youth's prior
foster care status. The author states that, as youth move across
counties, it can be difficult to obtain this documentation from
the county in which the youth emancipated from foster care.
According to the author, many youth request this information
from the foster care ombudsman, however CDSS has determined it
does not have legal authority to disseminate the documentation.
This bill would provide CDSS with the authority needed to
provide this documentation to a former foster youth who has
requested it.
The California Youth Connection writes in support of the bill
that many critical programs and benefits have aimed to close
these gaps in achievement and well-being for former foster
youth: expanded Medi-Cal, FAFSA, priority college course work
enrollment and more. However, CYC states that in some unique
cases, eligible former foster youth are unable to access these
necessary supports because they cannot verify their foster youth
status. Currently, when a foster youth leaves care at the age of
18, her or she is provided with a letter verifying their status
as a former foster youth, including the dates of care. For
former foster youth who no longer have this document or were not
provided it because they left care before the age of 18,
verification can be requested from the county.
While this process is typically uncomplicated, financial aid
officers, health care professionals and other supportive adults
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have reported unique cases in which accessing verification
documents proves challenging. This most often occurs when the
youth has lived in multiple counties, cannot identify the county
that had jurisdiction over their case and are unable to make
contact with their former social worker. In these instances, the
youth may give up on obtaining verification or miss important
deadlines that disqualify them from receiving critical supports.
Post-Secondary Educational Attainment for Former Foster Youth
A 2013 report published by the Stuart Foundation entitled "At
Greater Risk: California Foster Youth and the Path from High
School to College," states that foster youth confront multiple
risk factors for low educational attainment including
disabilities, language barriers, emotional trauma, lower
educational attainment in high school, and less of a support
system due to disrupted social connections. The report states
that foster youth are among the most vulnerable young
Californians, are more likely to attend schools with low
performance rankings according to the Academic Performance
Index, and that about one quarter of foster youth have a
disability, in contrast to one-tenth of the general population.
Additionally, a December 2005 report by the Institute for Higher
Education Policy entitled, "Higher Education Opportunities for
Foster Youth," states that of the foster youth who complete high
school and are college-qualified, only about 20% enrolled in
higher education compared to about 60% of their peers. In 2011
there were between 600 and 800 former foster youth attending the
University of California, 1,200 attending the California State
University system, and 6,500 attending the California community
college system.<1> California provides numerous supports
specifically targeted to current and former foster youth in
higher education including priority registration at most
campuses, substantially reduced community college tuition, a
number of other initiatives and financial aid opportunities, and
Guardian Scholars Programs available on many community college
and CSU campuses which offer housing, tuition, and academic
support to former foster youth.
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<1> Assembly Higher Education analysis of AB 194 (Beall,
Statutes of 2011, Chapter 458).
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Access to Healthcare for Former Foster Youth
A recent study performed by Northwest Foster Care Alumni found
that one-third of emancipated foster youth had no health
insurance, a rate that is roughly double that of young adults
ages 18 to 44 nationally. The study also found that more than
half of emancipated foster youth had one or more mental
disorders and experienced post-traumatic stress at twice the
rate that of U.S. war veterans.<2>
Pursuant to federal law under the Foster Care Independence Act
of 1999<3> and the Affordable Care Act, California permits
children who are transitioning out of foster care to continue
their Medi-Cal coverage under the Former Foster Care Children
(FFCC) program up to age 26. In order to be eligible for FFCC,
an individual must have aged out of Foster Care at age 18 or
older. Former Foster Care status must be verified in order for
the individual to be eligible for FFCC.<4>
PRIOR VOTES
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|Assembly Floor: |74 - |
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|Assembly Appropriations Committee: |17 - |
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|Assembly Human Services Committee: |7 - |
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<2> NGA Center for Best Practices.
http://www.nga.org/files/live/sites/NGA/files/pdf/0701YOUTH.PDF
<3> P.L. No. 106-169
<4>
http://coveredtil26.childrennow.org/wp-content/uploads/2014/02/FF
CC-Desk-Aid-3.pdf
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POSITIONS
Support:
Children Now (Sponsor)
Advokids
California Alliance of Child and Family Services
California Youth Connection
Children's Advocacy Institute
Children's Law Center of California
Children's Right Project at Public Counsel
John Burton Foundation for Children Without Homes
National Center for Youth Law
Santa Cruz County Children's Network
Oppose:
None received.
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